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NEWMAN v. CORNER INVESTMENT COMPANY, LLC, 2:10-CV-550 JCM (GWF). (2012)

Court: District Court, D. Nevada Number: infdco20120307b64 Visitors: 3
Filed: Mar. 06, 2012
Latest Update: Mar. 06, 2012
Summary: ORDER JAMES C. MAHAN, District Judge. Presently before the court are defendant International Union of Operating Engineers Local No. 501, AFL-CIO's ("the union") motion for reconsideration (doc. #86) and defendant Corner Investment Company, LLC's ("Corner") motion for reconsideration (doc. #87). Plaintiff Watson Newman filed an opposition. (Doc. #89). Defendants then filed replies. (Docs. #92 and #93). Also before the court is Corner's motion for leave to supplement joint exhibits in support of
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ORDER

JAMES C. MAHAN, District Judge.

Presently before the court are defendant International Union of Operating Engineers Local No. 501, AFL-CIO's ("the union") motion for reconsideration (doc. #86) and defendant Corner Investment Company, LLC's ("Corner") motion for reconsideration (doc. #87). Plaintiff Watson Newman filed an opposition. (Doc. #89). Defendants then filed replies. (Docs. #92 and #93). Also before the court is Corner's motion for leave to supplement joint exhibits in support of summary judgment. (Doc. #88).

On December 9, 2011, the court denied the union's motion for summary judgment without prejudice. (Doc. #83). The union's motion and reply briefs suffered from numerous CM/ECF filing deficiencies, and the court declined to attempt to "cobble together an understandable version" of the union's motion. (Doc. #83). At that time, Corner had also filed a motion for summary judgment supported by defendants' joint exhibits. (Doc. #50). After the court denied the union's motion for summary judgment, Corner resubmitted defendants' joint exhibits to correct any CM/ECF filing deficiencies. (Doc. #84).

The court held a hearing on Corner's motion for summary judgment on December 14, 2011. (Doc. #85). At the hearing, the court denied Corner's motion, finding that Corner's supporting exhibits were not properly authenticated pursuant to Orr v. Bank of America, 285 F.3d 764 (9th Cir. 2002). (Docs. #85 and #91). The court stated that defendants could file a motion for reconsideration of the orders denying defendants' motions for summary judgment.

This court has "inherent power" to reconsider an order over which it maintains jurisdiction. See City of Los Angeles, Harbor Div. v. Santa Monica Baykeeper, 254 F.3d 882, 887 (9th Cir. 2001); see also Marconnie Wireless Tel. Co. v. United States, 320 U.S. 1, 47 (1943); FED. R. CIV. P. 60.

Good cause appearing,

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendant International Union of Operating Engineers Local No. 501, AFL-CIO's motion for reconsideration (doc. #86) and defendant Corner Investment Company, LLC's motion for reconsideration (doc. #87) be, and the same hereby are, GRANTED.

IT IS FURTHER ORDERED that the union and Corner shall re-file their motions for summary judgment (docs. #32 and #50) in conformance with standard CM/ECF filing procedures.

IT IS FURTHER ORDERED that Corner's motion for leave to supplement joint exhibits in support of summary judgment (doc. #88) be, and the same hereby is, GRANTED. Corner shall supplement the joint exhibits in conformance with standard CM/ECF filing procedures. The joint exhibits must comply fully with the authentication requirements of Orr v. Bank of America, 285 F.3d 764 (9th Cir. 2002).

Source:  Leagle

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